Motion to Vacate Dismissal - Will it ever get approved/rejected?

[schism7273]

I've written about this before. My case was dismissed on 6/14. My lawyer filed a motion to vacate on 6/15. The "Due/Set" date in Pacer was 7/2 but yet it still sits unaddressed and my lawyers office says we have to wait. I'm so upset.

Why enter a due/set date if it means nothing? Does anyone know how long they have? Forever? Meanwhile our mortgage companies have sent acceleration letters, creditors are calling again, etc.

My lawyer messed up some paperwork from what I understand so now I have no idea what will happen. I just wish they'd decide on my motion.

Anyone have experience with this?

[HHM]

That is 100% the judge's issues. Nothing you, nor your attorney can do about it, the judge will sign it when he gets around to it.

[justbroke]

So long as your attorney submitted it within the 10 (or 14 day) requirement to oppose an order (or vacate an order), you are okay. Judge's are people to and take vacations and have lots of other things to do. You will know once the Judge renders their decision.

Be patient!

[newbie2]

I've written about this before. My case was dismissed on 6/14. My lawyer filed a motion to vacate on 6/15. The "Due/Set" date in Pacer was 7/2 but yet it still sits unaddressed and my lawyers office says we have to wait. I'm so upset.

Why enter a due/set date if it means nothing? Does anyone know how long they have? Forever? Meanwhile our mortgage companies have sent acceleration letters, creditors are calling again, etc.

My lawyer messed up some paperwork from what I understand so now I have no idea what will happen. I just wish they'd decide on my motion.

Anyone have experience with this?

The 2nd was Friday, the start of the holiday weekend. I would imagine you should see something within the next day or two as the holiday is officially over and Federal workers are back to work.

[schism7273]

Ok, I can be patient but our lawyer gave us bad expectations. He implied our motion was on track to be approved and we should have had our confirmation hearing on the 23rd of June. Of course none of that happened and I'm less than thrilled with the assistant I usually converse with. She doesn't know a lot and when I ask direct questions she doesn't answer them.

For example: While I wait for the Judge to approve what if the mortgage company moves to foreclose? What happens then? I asked her this and she just replied we are still waiting not even acknowledging my question. It's annoying to be disregarded by the one you are paying!

[justbroke]

For example: While I wait for the Judge to approve what if the mortgage company moves to foreclose? What happens then?

Unless your foreclosure was well underway, a sale date was already posted, and your State allows a foreclosure to continue at the point it left off before a stay by another court suspended/delayed the sale... then you should be okay.

Were you already in foreclosure? Why was your Chapter 13 case dismissed anyhow?

[schism7273]

Unless your foreclosure was well underway, a sale date was already posted, and your State allows a foreclosure to continue at the point it left off before a stay by another court suspended/delayed the sale... then you should be okay.

Were you already in foreclosure? Why was your Chapter 13 case dismissed anyhow?

We received a letter stating we had until August 4th from our mortgage company. We owe 2 or 3 payments that are being paid through the plan. Our plan was dismissed because our first confirmation hearing was set before our lein strip time to object was done. So the Trustee denied with leave to amend. Our lawyer, based on what I read of the motion in Pacer states they had basically filed the amended plan before it was due but also before they denied with leave to amend so somehow the court didn't think they had it and therefore dismissed it. It's a mess. I really just want this to get back on track.

[justbroke]

Reads like a mess. Just make sure your attorney is on top of these things. You will need to await the Judges order. I think you'll be okay.

[tigergem]

It's my experience that the Due/Set date doesn't mean much, and you know... I think I told you that before in another thread. If not, I apologize, but I am pretty sure I did. The due/set date is the date is the date the order is released from suspense so the judge CAN consider it. Doesn't mean he will that day. And sometimes, after it takes the judge a couple of days to consider it, it takes the bk clerks another couple of days to enter it into PACER.

I would say, if you don't see something in PACER on this by the end of this week, I would make some phone calls.